Transfer Guidelines for Teachers

Education dept has issued guidelines for transfer of teachers.Here is the text of those guidelines. PDF version is available on net.Please make use of it.                                                                  Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ


This is the text version of the file http://karnatakaeducation.gov.in/pdf_files%5CPE0003.pdf.
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Education SecretariatNOTIFICATIONNo. ED 173 ETR 2007, Bangalore, Dated: 15thOctober, 2007Whereas the draft rules of the Karnataka State Civil Services(Regulation of transfer of Teachers) Rules, 2007 was published asrequired by sub-section (1) of section 13 of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2007 (Karnataka Act 29 of 2007), in Notification No. ED 173 ETR 2007, dated 17.9.2007 in Part IV-A of the Karnataka Gazette (Extra ordinary dated 17.9.2007)inviting objections and suggestions from all persons likely to be affected thereby within fifteen days from the date of publication in the Official Gazette.And whereas the said Gazette was made available to public on 17.9.2007.And whereas the objections and suggestions have been considered by the Government.Now, therefore, in exercise of the powers conferred by sub-section (1) of section 13 of the Karnataka State Civil Services (Regulation ofTransfer of Teachers) Act, 2007 (Karnataka Act 29 of 2007), theGovernment of Karnataka hereby makes the following rules, namely:-Rules1. Title and Commencement.- (1) These rules may be calledKarnataka State Civil Services (Regulation of transfer of Teachers) Rules, 2007.(2) These rules shall come into force from the date of itspublication in the Official Gazette.2. Definitions.- In these rules unless the context otherwiserequires, -(a)'Act' means the Karnataka Civil Services(Regulation of Transfer of Teachers) Act, 2007(Karnataka Act 29 of 2007);(b)'Section' meanssection of the Act.ಕೇಶವಪ್ರಸಾದ್

23. Competent Authority.-The Competent Authorities for Transfer of Teachers working in a school specified in column (2) of the Table below shall be as specified in column (3) thereof: -TABLESl. No.(1)School(2)Competent Authorities(3)(i)Primary SchoolsDeputy Director of Public Instruction(Administration) of the concernedEducational district(ii) Secondary Schools Concerned Joint Director of PublicInstruction in the Office of theCommissioner for Public Instruction,Bangalore or Dharwad or Gulbarga asthe case may be.(iii) Pre-university CollegeJoint Director (Administration) of Pre-university Education in the Office of the Commissioner for Pre-University EducationThe Competent Authorities shall exercise the powers within their respective Jurisdiction.4. Preparation of time table for transfer through computerized counselling.- (1) The time table for the transfer through computerized counselling shall be prepared as follows:-(i)Firstly, excess teachers shall be redeployed to the needyschools (ii) Secondly, transfer of teachers under Section 5 of (iii) Thirdly, transfer on complaint cases (iv) Fourthly, request transfers within the unit of seniority (v)Fifthly, request transfers outside the unit of seniority inaccordance with section 6(2) All the above stages of transfers except transfers on complaintcases shall only be done through computerized counselling.(3) For request transfers the time table shall be prepared as follows:-(a)Notification of vacancies(b)Last date for submitting applications for transfers to concerned Officers.(c)Examination of application and certification byconcerned Officers. ಕೇಶವಪ್ರಸಾದ್ 

3(d)Publication of provisional priority list (e) Last date for submission of objections(f) Publication of final priority list(g) Counselling at the district level(h) Counselling at the division level(i) Counselling at the state level.5. Notification of vacancies.- The list of vacancies that are to be filled on transfer as per vacancy available subject wise requirement, shall be arrived at and displayed on the notice board. The consequentialvacancies that arise at the time of counselling shall also be included in the list of vacancies and displayed on the computer screen immediately after such vacancies arise.6. Applications for transfers.- (1) All applications, requesting for transfers shall be sent through the concerned Heads of Institutions in the application form to be specified by Heads of Department. (2) The Head of Institution after due verification shall forward the application to the concerned Block Education Officer in respect of primary schools, the Deputy Director of Public Instruction(Administration) in respect of secondary schools and the Deputy Director of Pre University Education in respect of Pre University colleges. (3) The concerned Officers shall verify and certify thecorrectness of the particulars furnished in the application form. (4) After verification the applications for transfers data shall be computerized.7. Preparation of Priority List- (1) All the verified applications shall be arranged in the following order of priority: -(a)Cases of Terminally ill cases of serious ailments as per clause (4) of sub-section (2) of Section 6 of the Act.(b)Cases of physically handicapped teachers with more than 40% disability as certified by District Surgeon (c) Cases of female teachers who are widows(d) Cases of Married teachers as per clause (1) of sub-section (2) of Section 6 of the Act.(e)Other female teachers (f) The elected office bearers of recognized associations ofState Government employees as per rule 9 of these rules.(f) Other male teachers ಕೇಶವಪ್ರಸಾದ್ 
(2) Within each of the above priority categories the priority list shall be prepared by multiplying the number of years of service by the applicant in all cadres in the places classified as A, B and C zones as notified by Government by the weightage ratio allotted to the respective zones as specified below to get the weighted service in years as follows:(a)Weighted service for A category schools = the completed numberof years of service rendered in all cadres in the zone x 1.00.(b)Weighted service for B Category schools = the completed number of years of service rendered in all cadres in the zone x 1.50.(c)Weighted service for C category schools = the completed number of years of service rendered in all cadres in the zone x 2.00.(3) The teachers with more weighted service shall be considered above the teachers with the lesser weighted service while preparing the priority list.. In case of tie, the seniority of individual shall be taken into consideration. In case of tie in seniority also, the older in age shall be placed above the younger in age. NOTE: In the cases of married teachers, the following order of priority, namely:-(a)The cases where both husband and wife are Government servants.(b)Cases where either husband or wife, one of them is not in Government service.(c) Other cases.(4) The Competent Authorities should prepare the provisionalpriority list as explained above and the same should be notified on the Notice Board and on the departmental website giving 5 days time forsubmission of objections. After receiving objections from the teachers, the same shall be examined and may either be considered or rejected on merit.8. General instructions regarding Transfers throughcomputerized counselling.- All transfers and redeployment of teachers shall be made only through computerized counselling as follows:(1) General transfers should be done only in the months ofApril and May of every year.

5(2) Transfers of teachers in public interest shall be done as per Section 5 of the Act.(3) Transfers of teachers who have not satisfactorily completed their probationary period shall not be done under anycircumstances.(4) Inter district transfers have to be considered as laid down in rule 16-A of Karnataka Civil Services (GeneralRecruitment) Rules, 1977.(5) Transfers of teachers from one unit of seniority to another unit of seniority shall be done in accordance with theprovisions of Section 6 of the Act. (6) Transfers shall be carried out to vacant posts only, except in the cases relating to transfers in public interest. (7) Excess posts or excess teachers with posts shall not beredeployed without the prior approval of the competentauthority.(8) The transfers of part time teachers and pre-primary school teachers working in primary schools shall not beconsidered.(9) In order to examine the certificate submitted by thehandicapped persons, a senior surgeon deputed by theDistrict Medical Officer shall be present in the counselling. The cases with doubts shall be referred to District Medical Officer and the decision of the District Medical Officer shall be final.(10)Where a Teacher is an elected office-bearer, not exceeding 6 per block, district or state level, of the Karnataka State Government Teachers Association or the KarnatakaGovernment Employees Association recognized byGovernment such Government servant shall not betransferred until the completion of the term for which he has been elected. In case no elections are held within threemonths of the completion of the said term, he may be transferred. In case he is re-elected, he may be continued in the same place until the completion of the second term. There shall, however, be no bar on transferring him even if he is elected for the third or the subsequent terms. The Competent Authority, before transferring him, shallconfirm the fact that he has completed the second term. For this purpose, the Association shall submit a list of itselected office-bearers to the Competent Authorities as soon as they are elected to the Association.

6(11)Subject-wise posts shall not be filled by other subjectteachers. It shall be ensured by all competent authorities that according to the staffing pattern, the teachers of,-(a)Science, English, Hindi and Physical Education are available in higher primary schools; (b)PCM, CBZ, Arts, Kannada, Hindi and Physical Education are available in secondary schools; and(c)Lecturers of respective subjects are available in Pre University Colleges.(12)The carrying out of transfers through manual counselling is prohibited. If transfers are done through manual counselling they will be considered as "null and void" and officers who are responsible for such transfers are liable for disciplinary action.(13)The total number of transfers on requests and in public interest excluding mutual transfers shall not exceed 5% and the total number of transfers outside the unit of seniority shall notexceed 1% of the total cadre strength of the unit.9.Transfers on the basis of complaints: The instructions of Para 7 (f) of Government Order No. DPAR 4 STR 2001 dated 22.11.2001 shall be followed in the cases of transfers on the basis of complaint.10.Mutual transfers.- (1) Requests for mutual transfers ofteachers can be considered if their probationary period is declared assatisfactory.(2) The number of mutual transfers shall not be taken intoconsideration for calculating the number of transfers to be taken intoconsideration for determining whether they are within the limit of 5% or 1% as specified above. (3) All mutual transfers shall be done if and only if both teachers agree for it in writing. This fact shall be ascertained before issuing transfer orders.11.Procedure for Transfers through computerized counselling.-The applicants on the priority list shall be intimated about the date/s for counselling through press notes, radio and TV announcements. On the date for counselling the applicants shall be called in order of their priority and shall then be asked to choose any one of the vacant posts available at such a session as displayed on the computer screen. ಕೇಶವಪ್ರಸಾದ್ 


7)12. Issue of orders.- The Competent Authority shall issue atransfer order on the choice of the applicant then and there, duly deleting that vacancy from the list of vacancies. Copy must be sent to concerned authority and a copy shall be given to the applicant.13. Completion of counselling.- This exercise of transfer shall be continued till the upper limit of number of transfers be reached or till all the applicants are exhausted within the time frame communicated byHeads of Departments.14. Display on the Notice Board.- The list of the teacherstransferred, indicating the places of transfer against their names shall also be displayed on the notice board. No transfer shall be made after the list is displayed. If any transfers are made after display of the list, the Competent Authority concerned shall be held personally responsible and disciplinary action shall be taken against them.15. Relief.- The teachers, who got transfer orders, shall be relieved by the competent authority only after verifying their service particulars.16. Request transfers outside the unit of seniority throughcounselling.-(1) As regards transfers relating to outside the units ofseniority, the relevant provision contained in the Government Order No. ED 298 DPI 2005 dated 04.05.2005 shall be followed.(2) As soon as the transfers at the district level through counselling are completed, the Competent Authority shall give the informationrelating to the remaining vacant posts in the district and requests for inter district transfers to the respective officers as detailed below;Sl. No.DivisionOfficer1.Gulbarga division Director of Public Instruction, Office of the Additional Commissioner forPublic Instructions, Gulbarga./Commissioner for Pre UniversityEducation, Bangalore[2.Belgaum division Director of Public Instruction, Office of the Additional Commissioner forPublic Instructions, Dharwad./Commissioner for PreUniversity Education, Bangalore.3.Mysore divisionDirector (Secondary Education),Office of the Commissioner for Public
Instruction, Bangalore./Commissioner for Pre UniversityEducation, Bangalore 4.Bangalore divisionDirector (Primary Education), Office of the Commissioner for Public Instructions, Bangalore/Commissioner for Pre UniversityEducation, Bangalore(3) Separate form is specified for inter unit transfer.(4) After completion of transfers at divisional level, the respective Directors shall furnish the information relating to remaining vacant posts to the Heads of Departments concerned.(5) Inter unit transfer shall be done to the vacant posts of schools of A and B zones through counseling. Inter unit transfers shall not be done to the schools of C zone.17. Responsibility of the officers.- The Competent Authorityconcerned shall ensure that the above rules are observed while effecting transfers and they shall be personally held responsible for any deviations and disciplinary action will be taken to impose major penalty against such officers. 18. Powers of Heads of Department.- Heads of Department are empowered to effect the transfer of teachers during the academic yearonly in the following cases, namely –(a) In the event of disciplinary action in lieu of suspension;(b) Consequent on promotion;(c) Consequent on the re-redeployment of surplus posts and teachers, if any.By the Order and in the name of President of India(B.H. PADASALAGI)Under Secretary to Government,Education DepartmentTo,The Compiler, Karnataka Gazette, Bangalore for publication in the Gazette extra-ordinary and to supply 1000 copies to Primary-B Section, Education Department, M.S. Building, Bangalore

-Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ

TRANSFER GUIDELINES

(ವಿ.ಸೂ : ಇಲ್ಲಿ ಪಡೆಯುವ ಮಾಹಿತಿಗೆ ನೀವು ಲಂಚ ಕೊಡಬೇಕಾಗಿಲ್ಲ. ಕೊನೇಪಕ್ಷ ಕಾಮೆಂಟ್ /ಸಲಹೆ /ರೇಟಿಂಗ್  ಕೊಡೊ ಸೌಜನ್ಯವನ್ನಾದರೂ ತೋರಿಸಿ. ಈ ಮಾಹಿತಿ ಉಪಯುಕ್ತವೇ ಎಂಬ ಬಗ್ಗೆ ಲೇಖನದ ಕೊನೆಯಲ್ಲಿರುವ ಚೆಕ್ ಬಾಕ್ಷ್ ನಲ್ಲಿ ಕ್ಲಿಕ್ ಮಾಡಿ) Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ

The Yeddyurappa Govt in Karnataka was in news for doing Mass transfers. But In past the Govt of Karnataka released a Transfer guidelines to make transfer procedures more scientific and transperent.Given below are the salient features of the Transfer guidelines issued by the govt vide Government Order No. DPAR 4 STR 2001, Bangalore, Dated: 22-11-2001.


PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

Sub: Transfer of Government Servants.

1. Preamble:

1.1 Transfer of Government Servants is, at present, regulated by executive instructions in the form of Official Memoranda, Circulars etc. The existing guidelines relating to the transfer of Government Servants are contained in the Official Memorandum No. DPAR 5 STR 95, dated 28-4-1995, as modified from time to time, which are read above. The Administrative Reforms Commission constituted under the Chairmanship of Shri Haranahalli Ramaswamy has, in its interim report, made some recommendations with regard to the transfer of Government servants. Government have examined the entire matter in details and come to the conclusion that it is necessary to issue fresh orders regulating the transfer of Government servants which will be a major governance reform. Hence, the following orders.

Government Order No. DPAR 4 STR 2001, Bangalore, Dated: 22-11-2001.

2. In supersession of the official memoranda read at (1) to (4) above, Government are pleased to order as follows. These orders shall come into force from the year 2002-03.

2.1 Periodical Transfers:-

No Government servant shall be considered for transfer except in the circumstances and in the manner specified in this order and by the Cadre Management Authority.

Explanation:-

(1) 'Government servants' means a person who is a member of the Civil

Services of the State of Karnataka or who holds a post in the Civil Services of the State of Karnataka and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority, any person or persons whether incorporated or not.

(2) 'Transfer' means the posting of a Government servant from one headquarters to another headquarters or from one office to another office within the same headquarters in which he is employed, to take up the duties of a new post or in consequence of a change of his headquarters.

Note: Movement of a Government servant within the same office / unit from one post to another one or desk / compilation to another one under the same head of office shall not be treated as a transfer.

(3) 'Cadre Management Authority' means the authorities specified in para 10 or the Chief Minister in the case of Government servants belonging to Karnataka Administrative Service, as the case may be.

2.2 Transfer shall be made by the Cadre Management Authority in the interest of public service.

2.3 Transfer cannot be claimed as a matter of right by the Government servants;

2.4 Transfer of Government servants shall be made by the Cadre Management Authority only during the months of April and May. However, in extraordinary circumstances relating to a case, transfer may be considered by the Cadre Management Authority beyond the period of transfer for reasons to be recorded in writing and after obtaining the prior approval of the Chief Minister through the administrative department concerned of the Karnataka Government Secretariat.

2.5 Subject to the exceptions mentioned in paras 4 and 6, the Cadre Management Authority shall ensure that the number of Government Servants transferred in any year is kept to the barest minimum and ordinarily, the number of Government servants transferred in any year shall not exceed five percent of the working strength of the cadre.

3. Classification and minimum Period of stay at a place:-
3.1. The classification of Government Servants for the purpose of transfer shall be the same as contained in rule 5 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

3.2. The minimum period of stay at a place shall be as specified in the table below:-

TABLE

Category of posts Minimum period of stay at a place
(1) (2)
1. Government Servants holding Group-A posts 3 years
2. Government Servants holding Group-B posts 4 years
3. Government Servants holding Group-C posts 5 years
4. Government Servants holding Group-D posts 7 years

3.3. Notwithstanding anything contained in sub para 3.2, the minimum and maximum periods of stay in respect of the posts mentioned in column (3) of the Table below, shall be as specified in columns 4 and 5 ibid:-

TABLE

Sl.No. Name of the Department / Service Post / Cadre Minimum Maximum
(1) (2) (3) (4) (5)
1 Police Department Circle Inspector of PoliceSub Inspector of Police 22 33
2 Commercial Tax Department Deputy Commissioner of Commercial TaxesAssistant Commissioner of Commercial TaxesCommercial Tax Officer 22 33
3 Excise Department Deputy Superintendent of ExciseInspector of ExciseSub-Inspector of Excise 222 333
4 Forest Department Range Forest OfficerAssistant Conservator of Forests 22 33
5 Transport Department Regional Transport OfficerAssistant Regional Transport Officer.Senior Motor Vehicle InspectorMotor Vehicle Inspector. 2222 3333
6 Registration and Stamps Department District Registrar (District under-valuation Supervision)District RegistrarFirst Division Sub-RegistrarSecond Division Sub-Registrar 2222 3333
7 Public Works Department, Irrigation Department and Engineering Division in the Rural Development and Panchayat Raj Department. Chief Engineer / Superintending Engineer / Deputy Chief EngineerExecutive EngineerAssistant Executive EngineerJunior Engineer 222 333
8 Karnataka Administrative Service Group-A Junior Scale.Group-A Senior Scale.Group-A Selection Grade. 222 333

4. Premature transfers:-

4.1 Save as provided in paras 6 and 7 there will be no premature transfers.

Explanation:- Premature transfer means a transfer made before the completion of the minimum period of stay at a place specified in para 3.2 and the minimum and the maximum periods of stay specified in para 3.3 as the case may be.

5. Government servants due to retire in two years:-

5.1 A Government servant, who is due to retire within two years on attaining the age of superannuation may, ordinarily, be transferred to a place preferred by him or to a place nearest to it during the period of transfers.

6. Relaxations:-

6.1 The provisions contained in this order may be relaxed by the Cadre Management Authority in the following cases:-

(1) Where both the spouses are Government servants and one of the spouses is transferred then the other spouse may also be transferred to the same place or a nearby place even if he or she has not completed the minimum period of stay, subject to availability of a clear vacancy. In such cases, both the spouses should submit their requests to the Cadre Management Authority in their respective departments and both the departments shall consult each other and take a decision;

(2) Where a female Government servant is a widow, notwithstanding anything to the contrary contained in this order, she may be transferred or in case she is appointed for the first time, may be posted to a place of her choice subject to availability of a vacancy;

(3) Where a Government servant is an office-bearer of the Karnataka State Government Employees Association only and not of any other Association, such Government servant concerned shall not be transferred until the completion of the term for which he has been elected. In case no elections are held within three months of the completion of the said term, he may be transferred. In case he is re-elected he may be continued in the same place until the completion of the second term. There shall, however, be no bar on transferring him even if he is elected for the third or the subsequent terms. The Cadre Management Authority, before transferring him, shall confirm the fact that he has completed the second term. For this purpose, the said Association shall submit a list of its elected office-bearers to the Cadre Management Authorities as soon as they are elected to the Association;

(4) Where a Government servant is physically handicapped or disabled;

(5) Where a Government servant or his/her spouse or children are suffering from serious ailments, for which medical treatment is not available at his/her place of work and his/her transfer is necessary to a place where such a treatment is available so as to provide him/her the required medical treatment. However, no transfer shall be made unless the Government servant concerned produces a certificate from the Medical Board specifying the nature of ailment, stating the fact that the required treatment is not available at his/her place of work, specifying the place where the required treatment is available and certifying that his/her transfer is necessary to such a place to provide him/her the required medical treatment;

7. Cases to which certain provisions contained in this order are not applicable:-

7.1 The provisions relating to the period of transfers mentioned in para 2, those in para 3 relating to the minimum and maximum period of stay at a place and those in para 4 relating to premature transfers shall not be applicable to the following cases:-

(a) Where a person selected by the Karnataka Public Service Commission or any other selecting authority or the appointing authority, for direct recruitment, on his first appointment, is posted to a place where a vacancy is available;

(b) Where a person directly recruited on probation is required to undergo training as per the statutory rules or executive orders;

(c) Where a Government servant, on his promotion, is transferred and posted to a place where a vacancy is available;

(d) Where a Government servant is working in a project, he should not ordinarily be transferred until the completion of the project;

(e) Where a Government servant returns to duty after absence on leave exceeding 180 days and the vacancy so caused has already been filled, the incumbent thereof need not be disturbed to accommodate the said absentee (on leave). Instead, the latter may be posted against an available vacancy;

(f) Where, disciplinary or criminal proceedings, as the case may be, are contemplated or initiated against a Government servant and the appointing authority is of the opinion that instead of placing the Government servant concerned under suspension, he could be transferred.

(g) Where posts have become vacant on account of promotion, retirement, death, resignation, dismissal, removal, compulsory retirement or any unforeseen circumstance and the same are required to be filled.

(h) Where new offices are established and the vacant posts therein are required to be filled; and

(i) Where the Government servant concerned is required to be transferred to comply with the instructions of the Election Commission of India or the State Election Commission.

8. Maintaining a proper balance of vacancies:-

8.1 Notwithstanding anything to the contrary contained in this order, if the number of vacancies in any cadre in any department in any district is disproportionately large, the Cadre Management Authorities shall, as far as possible, see that the vacancies are evenly distributed among the various districts and the number of vacancies in any cadre in any department is not disproportionately large in any one district.

9. Monitoring the Transfers:-

9.1 The Government shall specify an appropriate mechanism for the purpose of monitoring transfers.

10. Cadre Management Authorities:-

10.1 The following shall be the Cadre Management Authorities, namely:-

(a) Transfer of the Government Servants holding Group-A posts:- The Cadre Management Authorities for transferring the Government servants holding Group A posts, other than those belonging to the Karnataka Administrative Service, in the field departments coming under the administrative control of a Secretariat Department shall consist of the following:-

(i) Minister-in-charge ... Chairperson

(ii) Principal Secretary / Secretary to ... Member
Government of the Department
concerned

(iii) Head of the Department concerned ... Member

(iv) Additional/Joint/Deputy ... Convener
Secretary to Government

(b) Transfer of the Government Servants holding Group-B posts and inter-district transfer of those holding Group-C and Group-D posts:- The Cadre Management Authority for transferring the Government servants holding the Group B posts either within the same district or from one district to another and in the case of those holding Group C and Group D posts from one district to another within the State shall consist of,-

(i) Head of the Department concerned ... Chairperson

(ii) Any other Head of the Department ... Member
to be nominated by the Secretary to
Government concerned

(iii) Additional Head of the Department or
Additional Director or Joint Director
or Deputy Director or an Administrative
Officer holding a Group-A Post ... Convener.

(c) Transfer of the Government servants holding Group-C or Group-D posts within the same district:- The Cadre Management Authority for transferring the Government Servants holding Group-C or Group-D posts within the same district shall consist of,-

(i) Deputy Commissioner ... Chairperson

(ii) Chief Executive Officer of the Zilla ... Member
Panchayat


(iii) District Level Officer of the Department ... Member
concerned holding a Group A post Secretary

(d) Transfer of the Government servants holding Group-C or Group-D posts in the Police Department within the same district:- The Cadre Management servants holding Group-C or Group-D posts in the Police department shall consist of:-

(i) Superintendent of Police in charge ... Chairperson
of the district.

(ii) Additional Superintendent of Police ... Member

(iii) A Deputy Superintendent of Police ... Member
to be nominated by the Superintendent
of Police

(iv) Assistant Administrative Officer ... Convener
in the office of the Superintendent
of Police

Note: In case there is no post of Additional Superintendent of Police in a district, one more Deputy Superintendent of Police may be nominated by the Superintendent of Police. (in place of Additional Superintendent of Police).

(e) Transfer of the Government servants belonging to the Karnataka Administrative Service:- The Cadre Management Authority for transferring the Government servants belonging to the Karnataka Administrative Service other than those holding the posts of Tahsildars Grade-I and Tahsildars Grade-II shall be the Chief Minister acting on the recommendation of the Authority consisting of.-

(i) Chief Secretary ... Chairperson

(ii) Additional Chief Secretary ... Member

(iii) Secretary, D.P.A.R ... Member

(iv) The Principal Secretary/ ... Member
Secretary to Government of
any department to be nominated
by the chief Secretary



(v) Additional/Joint/Deputy ... Convener
Secretary (Services), Department
of Personnel and Administrative
Reforms

(f) Transfer of the Government servants holding posts in the cadres which have no heads of departments at State level:- The Cadre Management Authority for transferring the Government servants holding posts in cadres like those of Tahsildars Grade-I and Tahsildars Grade-II and those in the Rural Development and Panchayat Raj Department, which have no heads of departments at the State level, shall consist of,-

(i) Minister-in-charge ... Chairperson

(ii) Principal Secretary / Secretary to ... Member
Government of the department concerned

(iii) Principal Secretary / Secretary to ... Member
Government of any other department to be
nominated by the Chief Secretary

(iv) Additional Secretary / Joint Secretary / ... Convener
Deputy Secretary to Government of
the department concerned

(2) The respective Cadre Management Authorities mentioned above shall have the power to transfer Government servants falling under their purview subject to the provisions contained in this order.

(3) In addition to the Cadre Management functions specified in sub-para 2.5 and para 8, the Cadre Management Authorities specified at (a) (d) and (e) above shall draw up an appropriate career management plan for each of the cadres / services coming under their purview covering the various matters such as career plan, identification of training and specialisation needs of the department / service and such other matters as may be specified by Government from time to time by orders issued in this behalf.

11. Review of the decisions of the Cadre Management Authorities:-

11.1. A Government servant may, within a period one week from the date of the order of his transfer make an application to the Cadre Management Authority seeking a review specifying, therein, the reasons for the same.

11.2. Every application for review under para 11.1 shall be accompanied by a copy of the order of transfer in respect of which review is sought.

11.3. On receipt of an application for review, the Cadre Management Authority shall consider all the circumstances of the case and pass such orders as it deems appropriate subject to the provisions contained in this order.

12. Karnataka Government Secretariat Service:-

12.1. Notwithstanding anything to the contrary contained in this order, the movement of the Government servants belonging to the Karnataka Government Secretariat Service shall be regulated as specified in the Appendix.

13. barring transfers in certain cadres:-

13.1 Notwithstanding anything to the contrary contained in this order, Government may specify by order, the posts, the holders of which shall not be considered for transfer except on their own request in the circumstances specified in para 7.

By order and in the name of the
Governor of Karnataka.


ABDUL KHADEER
Joint Secretary to Government,
Department of Personnel and Administrative
Reforms (Service Rules)

















APPENDIX
(Vide para 12)

Movement of the members of the Karnataka Government Secretariat Service

1. Unlike the field departments, whose role mainly relates to implementing policies and programmes of Government, the Karnataka Government Secretariat has a different role, namely, formulating the plans (including the five-year plan) / policies, rendering specialist / technical advice in legal, personnel, financial and such other matters, interacting with the Government of India including the external agencies and functioning as the storehouse of Government. Besides, the Karnataka Government Secretariat is a single-unit office. Hence, the word "movement" has been used in relation to the members of the Karnataka Government Secretariat Service and not the word "Transfer".

2. For the purpose of the movement of the members of the Karnataka Government Secretariat Service, the various departments of the Karnataka Government Secretariat are classified into four categories, namely, Development Departments, Regulatory Departments, Service Departments and Technical / Specialist Departments as specified below:-


Development Departments Regulatory Departments Service Oriented Departments Technical / Specialised Departments
1) Agriculture & Horticulture 1) Co-operation 1) Education 1) Law
2) Animal Husbandry & Fisheries 2) Personnel and Administrative Reforms (Except Service Rules Wing of D.P.A.R) 2) Health & Family Welfare 2) Parliamentary Affairs & Legislation
3) Commerce & Industries 3) Energy 3) Housing 3) Planning & Institutional Finance & Statistics, Science and Technology
4) Women and Child Development 4) Food, Civil Supplies & Consumer Affairs 4) Information, Tourism, Youth Services 4) Information Technology
5) Rural Development & Panchayath Raj 5) Forest, Environment & Ecology 5) Infrastructure Development 5) Service Rules Wing in D.P.A.R
6) Home & Transport 6) Major Irrigation 6) Finance Department
7) Kannada & Culture 7) Medical Education
8) Labour 8) SocialWelfare
9) Revenue 9) Public Works
10) Urban Development

3. Each department of the Karnataka Government Secretariat has been allocated work as per the Karnataka Government (Allocation of Business) Rules, 1977. Each department deals with certain distinct activities, Acts, Rules, Regulations etc., allocated to it. A Member of the Karnataka Government Secretariat Service, who is posted to a particular department needs reasonable time to acquaint himself with the work of the department and acquire proficiency and expertise in dealing with the work allocated to him.

4. In the background mentioned above, the movement of the members of the Karnataka Government Secretariat Service and their training shall be regulated as prescribed hereunder:-

(a) The minimum tenure in a department shall be as follows:-

Post Development Departments Regulatory Departments Service Oriented Departments Technical / Specialised Departments
Min Max Min Max Min Max Min Max
1 2 3 4 5 6 7 8 9
AS/JS/DS 3years 6years 3years 6years 3years 6years 5years No Limit
U.Ss. & S.Os. 3years 6years 3years 6years 3years 6years 5years No Limit
Sr. Assts/Assts. 5years 7years 5years 7years 5years 7years 6years No Limit
Jr. Assts/Group-D 5years 7years 5years 7years 5years 7years 6years 7years

The tenure referred to above excludes the period of training mentioned in item (b) below;

(b) Every member of the Karnataka Government Secretariat Service holding posts in the cadres of Assistants, Senior Assistants, Section Officers and Under Secretaries shall be deputed to field departments for a period of at least two years within five years of entering each of the said cadres;

Provided that those who have attained the age of 52 years may not be so deputed.

(c) The Principal Secretary / Secretary to Government concerned can rotate the officers within his department;

(d) In case, however, the Principal Secretary / Secretary to Government desires to surrender to the Department of Personnel and Administrative Reforms, the services of any officer before the completion of the minimum tenure mentioned in para 5 above, he shall record reasons for the same and seek prior clearance of the Department of Personnel and Administrative Reforms for such surrender. However, alleged mis-conduct cannot be a ground to surrender any officer to the Department of Personnel and Administrative Reforms. In such cases, appropriate, disciplinary action should be initiated.

(e) As far as possible, Department of Personnel and Administrative Reforms will ensure that the movement of the members of the Karnataka Government Secretariat Service is within each of the four categories mentioned in para 2 above.

5. Cadre Management Authority:- (1) The Cadre Management Authority for transferring the members of the Karnataka Government Secretariat Service holding posts in the cadres of Section Officers, Senior Assistants, Assistants, Junior Assistants and Group-D cadres shall consist of:-

(i) Secretary to Government ... Chairman
Department of Personnel and Administrative
Reforms

(ii) Secretary to Government of any other department...Member
to be nominated by the Chief Secretary

(iii) Deputy/Joint/Additional Secretary to Government...Member-
(Administration), Department of Personnel and Secretary
Administrative Reforms

(2) The Cadre Management Authority for transferring the members of the Karnataka Government Secretariat Service holding posts in the cadres of Under Secretaries to Government and Deputy Secretaries to Government shall consist of-

(i) Additional Chief Secretary ...Chairman

(ii) Secretary to Government, ...Member
Department of Personnel and Administrative
Reforms.

(iii) Deputy/Joint/Additional Secretary to Government ..Member-
(Services), Department of Personnel and Secretary
Administrative Reforms.

(3) The Cadre Management Authority for transferring the members of the Karnataka Government Secretariat Service holding posts in the cadres of Joint Secretaries to Government, Additional Secretaries to Government and Special Secretaries to Government shall consist of-

(i) Chief Secretary ...Chairperson

(ii) Secretary to Government, ... Member
Department of Personnel and Administrative
Reforms

(iii) Deputy/Joint/Additional Secretary to Government ..Member-
(Services), Department of Personnel and Secretary
Administrative Reforms.

6. This order do not confer any enforceable rights on any member of the Karnataka Government Secretariat Service.

7. If, in a case, any difficulty arises in implementing this order, Government in the Department of Personnel and Administrative Reforms is empowered to take appropriate decision in each such case.
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